Dismissed¶43

M/S Classic Distributors Pvt. Ltd. v. M/S United Breweries Limited

Karnataka HC19 Aug 2025RFA/1602/2010

Case brief

AI extract

What is this about?

Appeal dismissed - company struck off from register of companies cannot maintain appeal. Keywords: strike-off; register of Companies; Companies Act 1956; Ministry of Corporate Affairs; Official Liquidator; company under liquidation; RFA S.96 CPC Order XLI Rules 1 & 2; money suit O.S.5050/1994 dismissed 03.06.2010; United Breweries Limited; Classic Distributors Pvt. Ltd.; Karnataka High Court 2025; I.A.No.1/2023 disposed.

What did the court decide?

Once the appellant company's name has been struck off from the register of companies, the appellant company cannot maintain this appeal. ¶38

M/S Classic Distributors Pvt. Ltd. Vs M/S United… — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:32096-DB RFA No. 1602 of 2010

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 1602 OF 2010 (MON)

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BETWEEN:

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M/S CLASSIC DISTRIBUTORS PVT. LTD., NO.18, CURVE ROAD, TASKER TOWN, BANGALORE- 560 051. REPRESENTED BY ITS MANAGING DIRECTOR MR D.M PURNESH.

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…APPELLANT

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(BY SRI. SHASHWATH S. PRAKASH, ADVOCATE FOR SRI. CHANDRASHEKARA K.,ADVOCATE)

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AND:

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Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

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M/S UNITED BREWERIES LIMITED, NO.1/1, VITTAL MALLYA ROAD, BANGALORE- 560 001. REPRESENTED BY ITS PRINCIPAL OFFICER.

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…RESPONDENT

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(BY SRI. VIVEK HOLLA, ADVOCATE, VIDE ORDER DATED 25.07.2023, SMT. KRUTIKA RAGHAVAN, ADVOCATE FOR OFFICIAL LIQUIDATOR)

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THIS RFA IS FILED U/S 96 R/W, O-XLI, R-1 & 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.06.2010 PASSED IN O.S.5050/1994 ON THE FILE OF THE XXXI-ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR RECOVERY OF MONEY.

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NC: 2025:KHC:32096-DB RFA No. 1602 of 2010

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HC-KAR

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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ORAL JUDGMENT

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The plaintiff/appellant had filed a suit for recovery against the defendant/respondent, which was dismissed by means of judgment and decree dated 03.06.2010, which decree is under challenge in the instant appeal.

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I.A.No.1/2023 was filed seeking issuance of

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notice to Official Liquidator as the Company is under liquidation.

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The learned counsel for the Official Liquidator

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has already appeared and filed her vakalath and the Official Liquidator is duly represented.

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The learned counsel representing Official

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Liquidator and appearing for respondents has submitted a

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3 - NC: 2025:KHC:32096-DB RFA No. 1602 of 2010

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HC-KAR

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memo in Court. Along with it are downloaded copies of relevant webpages of the Ministry of Corporate Affairs relating to the appellant and respondent Companies that were registered under the Companies Act, 1956. The documents reflect that the name of the appellant - Company has been struck off from register of Companies.

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On record, we also find that a copy of Company information pertaining to the appellant and downloaded from the Website of Ministry of Corporate Affairs, dated 20.09.2024 is present and it appears that the same was submitted when the matter was taken up on 28.01.2025, on which date, a memo of retirement filed by the learned advocate dated 24.01.2025 was on record. This memo of retirement was filed by Sri.M.S.Raghavendra Prasad, learned counsel.

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